We have just recieved the following from NZMAF which you will find of interest:
The Climate Change Response (Moderated Emissions Trading Scheme) Amendment Act passes into legislation
On 8 December 2009 the Climate Change Response (Moderated Emissions Trading Scheme) Amendment Act came into law and amends the previous legislation.
The Amendment Act includes a number of important changes relevant to the forestry sector.
For more information on the changes please see the fact sheet Changes to the NZ ETS for Forestry (PDF).
More information on these changes will be available shortly as the various guides on forestry in the ETS, the use of look-up tables, and mapping are updated on the MAF website.
Forestry Allocation Plan update
Submissions on the Forestry Allocation Plan closed on 22 November 2009 and are being considered. As a result of the feedback received, changes were made to the Act that allowed for more detail to be prescribed in the allocation plan in relation to when land will be considered to have “transferred” and what constitutes a “body corporate”. MAF is currently assessing whether further consultation will be required.
The above changes and other changes to the Act mean the Forestry Allocation Plan is unlikely to be issued before the second quarter of 2010.
Forestry Emissions trading scheme notices
1. Deforestation of pre-1990 forest land during 2008 and 2009 – deadline for notifying MAF is 31 January 2010
People who deforest more than 2 hectares of pre-1990 forest land become mandatory participants of the Emissions Trading Scheme (ETS) and are legally obliged to:
- Notify MAF;
- File an emissions return quantifying their liability to surrender units;
- Surrender units to meet their emissions liability.
If more than 2 hectares of pre-1990 forest land was deforested between 1 January 2008 and 31 December 2009, the person responsible (usually the land owner) is required to notify MAF by 31 January 2010.
Deforestation after 31 December 2009 of more than 2 hectares of pre-1990 forest land must be notified to MAF within 20 working days of starting the deforestation by the person responsible (usually the landowner).
Notification
Notification to MAF must be made using a prescribed form - available at: http://www.maf.govt.nz/sustainable-forestry/ets/form_notify-deforestation.htm
Forms should be sent to:
Emissions Trading Scheme
Ministry of Agriculture and Forestry
One of the key pieces of information that must be included on the notification form is a mandatory participant’s holding account number at the New Zealand Emission Unit Registry (NZEUR). Participants are required to meet their emission liabilities by surrendering units from their NZEUR holding account to the Government. Holding accounts are obtained by applying to the NZEUR at: www.eur.govt.nz.
Filing emissions returns
As at 31 January 2010, all mandatory participants who have notified in relation to deforestation between 1 January 2008 and 31 December 2009 are legally required to file an emissions return with MAF by 31 March 2010 using the form available at:
The emissions return must be sent to MAF using a paper form only as no online transaction is available yet.
Mandatory participants, who notify after 31 December 2009, are required to file an emissions return between 1 January and 31 March of the year following the year in which they notified.
Surrendering units
As at 31 January 2010 All mandatory participants who have notified deforestation between 1 January 2008 and 31 December 2009 are legally required to surrender units any time from 1 January 2011 to 31 May 2011.
Timeline
The table below summarises the timelines for notifying deforestation, submitting an emissions return and surrendering units:
|
Pre-1990 forest land deforested |
Notification to MAF |
Emissions return submitted |
Surrender of units |
|
2008 |
By 31 Jan 2010 |
1 Jan 2010–31 Mar 2010 |
1 Jan 2011–31 May 2011 |
|
2009 |
By 31 Jan 2010 |
1 Jan 2010–31 Mar 2010 |
1 Jan 2011–31 May 2011 |
|
2010 |
Within 20 days |
1 Jan 2011–31 Mar 2011 |
1 Jan 2011–31 May 2011 |
If you have any questions please contact 0800 CLIMATE (254 628).
2. Getting your post –1989 forest land into the ETS
If you own forest land established after 31 December 1989, you may be eligible to register as a voluntary participant in the Emissions Trading Scheme (ETS) and earn units for increases in the carbon stocks sequestered within your forest since 1 January 2008.
The choice is yours, but if you want to receive units for your forest land in 2010 it’s important not to leave registration until the last minute. You will need to allow sufficient time for your ETS registration application to be processed (usually four weeks, but longer if your application is incomplete or complex) and still leave enough time for filing your emissions return by 31 March 2010 for the net change in carbon stocks to the end of 2009.
You will need to allow enough time for the following steps:
- Step one: apply to the NZEUR (www.eur.govt.nz) to open a holding account. Please note: opening a holding account does not mean you have become registered as an ETS participant.
- Step two: apply to MAF (www.maf.govt.nz/sustainable-forestry/ets/ets-transactions) to be registered as a post-1989 participant in the ETS. MAF will need to verify your eligibility.
- Step three: once you have been registered as an ETS participant, you are entitled to file an emissions return by the due date (on or before 31 March 2010). If your application to be registered as an ETS participant has not been approved by 31 March 2010, you are not entitled to file an emissions return in 2010.
MAF will process applications as quickly as practicable. However there can be delays in processing applications when there are errors in the application, mismatches between NZEUR holding account details and the participant registration application or if MAF needs further information from you.
If we receive complete registration applications by 1 February 2010, we should be able to process these in time for you to file an emissions return in 2010.
For more information, visit www.maf.govt.nz/sustainable-forestry or call 0800 CLIMATE.
3. MAF online application system – Christmas shutdown
Our online application system will be shut down from midday Thursday 24 December 2009 and will re-open at 8:30am Tuesday 5 January 2010. During this time paper-based ETS registration and emission return forms will still be available for download and printing from the MAF website at www.maf.govt.nz/sustainable-forestry/ets/ets-transactions.htm.
The Call Centre (0800 CLIMATE) will also be closed over that period.
Consultation on emissions rulings fees and charges regulations
A person may apply to Ministry of Economic Development for an emissions ruling in respect of the operation and administration of the Emissions Trading Scheme.
A discussion document on Emissions Rulings Fees and Charges Regulations (available at www.med.govt.nz/upload/70943/emissions-ruling-scheme.pdf) has been released by the Ministry of Economic Development. The discussion document outlines proposed regulations to set fees and charges to cover the administration costs associated with providing the emissions ruling service.
Written submissions on the proposals set out in this document are invited by 1 February 2010.
To make a submission, please email climatechange@med.govt.nz or mail to Ministry of Economic Development,
Note from the New Zealand Emissions Unit Register
The team at the New Zealand Emissions Unit Register has advised that they have been receiving applications for a holding account from participants applying for exemptions. Please note that applications for less than 50 hectare exemptions do not need a holding account.